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In a Nutshell: Legal implications of sexting among children

Kelly Reeve, senior legal consultant and team leader for the Child Law Advice Service, examines how the law stands around sexting.

What is sexting?

Sexting means sending indecent images (pictures and/or videos) or sending sexually explicit messages to others. Sexting can involve any electronic device that allows sharing of media and messages including smartphones, tablets, laptops or mobiles.

What does the law say?

In the UK, the age of consent for sexual intercourse is 16. However, it is an offence to make, distribute, possess or show any indecent images of anyone aged under 18, even if the content was created with the consent of that young person. The law is contained in Protection of Children Act 1978, section 1.

Examples include:

"Indecent" means, for example:

The police have said that sexting by children will primarily be considered as a safeguarding issue. The police must, by law, record all sexting incidents on their crime system but as of January 2016, they can decide not to take further action against the young person if it is not in the public interest. This will be at the discretion of the police. The Crown Prosecution Service has recommended that sexting should not be the subject of a police investigation if it involves children of a similar age in a relationship.

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